Unfortunately, there are some employers that may intentionally or unintentionally discriminate against employees with disabilities. Not only is workplace disability discrimination wrong, but it is also illegal in California. If you have been subjected to disability discrimination by your employer, you may have cause to commence a lawsuit under state and federal employment laws.
You have the right to be treated fairly by your employer, regardless of a disability. At Optimum Employment Lawyers, we offer responsive counsel and reliable advocacy for those who have been mistreated or harassed by their employers in connection with a disability. No matter how complex your case, we work diligently to ensure that your employer is held accountable for their discriminatory acts.
There are many different types of disabilities that can be part of someone’s daily life. A person may have been born with a specific condition, or it may have developed at a later time. Under California’s Fair Employment and Housing Act, a disability is broadly defined as a condition that is disabling, potentially disabling, or is perceived to be disabling, and limits a major life activity.
Disabilities are not always visible. A disability can be a physical, emotional, or mental condition — it can also be short-term or life-long. Additionally, California law recognizes many medical and genetic conditions as disabilities. Significantly, while an employer may ask whether you can perform the functions of your job, they may not inquire about your disability.
If your employer asked questions about your disability and took adverse action against you, it’s vital to consult with an employment law attorney. Specifically, an “adverse employment action” can include any action or conduct by the employer that would be likely to impair an employee’s job performance, their advancement, or promotion. A knowledgeable attorney who handles workplace disability discrimination matters can advise you concerning your legal rights and recourse. At Optimum Employment Lawyers, we will listen to you, advocate for you, and fight for the rights to which you are entitled by law.
Disability discrimination in the workplace happens when an employer treats an employee differently due to a disability, based on the perception of a disability, or because of the employee’s association with a person who has a disability. Two main laws in California protect employees from unlawful discrimination in connection with a disability: the federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA). However, depending upon the disability, there may also be other laws that can apply to the situation.
There are many ways in which disability discrimination in the workplace can occur, including:
Importantly, disability discrimination is prohibited at all stages of employment — including at the recruitment, training, and promotion stages. In other words, an employer may not refuse to hire or train you, deny you benefits or a promotion, harass you, or discriminate against you in any other way. If you have been subjected to unlawful disability discrimination, the attorneys at Optimum Employment Lawyers will work to ensure you receive all of the damages that are available to you in your case.
By law, employers are required to offer a reasonable accommodation to employees with disabilities — unless it would create an undue hardship for them to do so. There are many ways in which an employer may be able to accommodate an employee, depending on the work environment and job duties. For example, an employer may provide modified equipment for the employee to carry out their job functions. They might also restructure the job details, allow a flexible working arrangement, or make the physical workplace more accessible.
To determine whether providing a reasonable accommodation would present an undue hardship, a court would consider the type of accommodation, the financial resources of the company to carry it out, the expenses involved, and other factors. If your employer had the ability to offer a reasonable accommodation but failed to do so, Optimum Employment Lawyers will strive to obtain the monetary damages or equitable remedy to which you are entitled.
Depending on the facts of your case, various damages may be available to you. You may be able to bring a claim under California’s Fair Employment and Housing Act or the federal Americans with Disabilities Act. In addition, if you were terminated from your job in connection with your disability or reporting discrimination, you might also be eligible to bring a claim for wrongful termination.
If you were subjected to workplace disability discrimination, by taking legal action, you may be able to recover monetary damages such as back pay and front pay. You might also be eligible for an equitable remedy such as reinstatement to your position or the promotion you were denied. In some cases, you may also be able to recover damages for pain and suffering, as well as punitive damages, which are meant to punish an employer for their wrongful acts.
Providing experienced counsel and aggressive advocacy for those who have suffered discrimination in the workplace because of a disability, Optimum Employment Lawyers understands that work is so much more than a job. For many, it also gives purpose and a sense of meaning. We dedicate all of our time and resources to helping those who have been victims of disability discrimination ensure their employers answer for their illegal actions.
Disability discrimination in the workplace can take a significant financial and emotional toll. If your employer treated you differently from others because you have a disability, a skilled workplace discrimination lawyer can guide you through the legal process of filing a claim and securing the monetary recovery you deserve. Optimum Employment Lawyers provides high-quality legal services, compassionate counsel, and adept representation for disability discrimination matters in California. Contact us to schedule a consultation.